Part V

Counter-terrorist Powers

Suspected terrorists etc.

Search of premises.
42
1
A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.
2
A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.
3
In the application of subsection (1) to Scotland—
a
“justice of the peace” includes the sheriff, and
b
the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.
Word in s. 40 cross-heading inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 24 (with s. 97); S.I. 2012/1205, art. 4(k)